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Dec 9, 2024 | 
morganlewis.com | Michele L. Buenafe |Jacob Harper |Nicholas Pfeiffer
The Artificial Intelligence in Healthcare Services Bill, signed into law by Governor Gavin Newsom, imposes new requirements on California healthcare providers that use generative artificial intelligence tools to generate patient communications. This law introduces new guardrails for California healthcare providers that deploy GenAI to reach their patients and is part of a broader effort by California to regulate the rapidly growing generative artificial intelligence (GenAI) sector.
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Mar 21, 2024 | 
morganlewis.com | Jacob Harper |Tesch Leigh West
The Medicare program is broken down into four parts. Part A covers the cost of healthcare items and services provided during inpatient hospital stays as well as skilled nursing facility, hospice, and some home health care. Part B covers certain physician services, outpatient care, medical supplies, and preventive services.
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Feb 23, 2024 | 
morganlewis.com | Jacob Harper |Kathleen McDermott |Scott Memmott |Meredith Auten
The US Department of Justice (DOJ) Civil Division released its annual fraud statistics on February 22, highlighted by False Claims Act (FCA) settlements and judgments exceeding $2.68 billion in fiscal year 2023. DOJ released these annual fraud statistics, detailing its wins in the prior fiscal year, in conjunction with remarks delivered by DOJ Principal Deputy Assistant Attorney General Brian Boynton at the Federal Bar Association Qui Tam Section Conference.
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Jan 24, 2024 | 
morganlewis.com | Jacob Harper |Rachel Lamparelli
Digital health—that is, medical care enhanced or made possible by the use of technology—has changed the landscape of healthcare in America. Innovation in this sector is at an all-time high and 2024 will no doubt see greater expansion and acceptance of digital health within the care continuum. Much of the momentum associated with digital health implementation stems from the COVID-19 pandemic and the Public Health Emergency (PHE) declared to address it.
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Nov 3, 2023 | 
morganlewis.com | Howard Young |Jacob Harper |Kathleen McDermott |David Yates
The US Centers for Medicare & Medicaid Services (CMS) has implemented a final rule, effective November 13, 2023, designed to enhance the oversight of hospice providers throughout the United States and increase regulatory scrutiny of poor-performing hospices through the Hospice Special Focus Program (SFP). In recent months, CMS has expanded its focus on addressing the significant increase in the number of hospices enrolling in the Medicare program and related program integrity risks.
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Oct 26, 2023 | 
morganlewis.com | Albert W. Shay |Jacob Harper |Felicia Alexander
The US Department of Health and Human Services Office of Inspector General (OIG) recently released Advisory Opinion No. 23-07, in which OIG approved a proposed arrangement to pay employed physicians bonuses based on net profits derived from certain ambulatory surgery center procedures performed by the physicians.
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Oct 18, 2023 | 
morganlewis.com | Jacob Harper |Rachel Lamparelli
The US Drug Enforcement Administration (DEA) issued a temporary rule on October 6, 2023 extending COVID-19–era flexibilities through December 31, 2024. With this extension, the DEA will continue to waive provisions under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 that prohibit practitioners from prescribing controlled substances to patients without first conducting an in-person encounter.
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Sep 21, 2023 | 
morganlewis.com | Jacob Harper |Rachel Lamparelli
If your organization has faced a Medicare audit in the last decade, you may have experienced a significant delay in the Medicare appeals process due to a monumental backlog of claims pending in front of administrative law judges (ALJs). As a result, the Office of Medicare Hearings and Appeals (OMHA) has initiated several pilot programs and received a significant boost in funding following a federal court decision requiring OMHA to develop a plan to reduce this backlog.
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May 10, 2023 | 
morganlewis.com | Scott Memmott |Howard Young |Jacob Harper |Michele L. Buenafe
The Biden administration announced on January 30, 2023 that the COVID-19 Public Health Emergency (PHE) would officially end on May 11, 2023. The PHE declaration, which first was issued by the Secretary of the US Department of Health and Human Services (HHS) on January 31, 2020, and subsequently renewed several times, provided the basis for numerous flexibilities upon which the healthcare and life sciences industries have relied to furnish patient care during the pandemic.
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May 10, 2023 | 
lexology.com | Scott Memmott |Howard Young |Jacob Harper |Michele L. Buenafe |Gregory Etzel |Dennis Gucciardo | +12 more
The Biden administration announced on January 30, 2023 that the COVID-19 Public Health Emergency (PHE) would officially end on May 11, 2023. The PHE declaration, which first was issued by the Secretary of the US Department of Health and Human Services (HHS) on January 31, 2020, and subsequently renewed several times, provided the basis for numerous flexibilities upon which the healthcare and life sciences industries have relied to furnish patient care during the pandemic.
